The Proper Colors

THE PROPER COLORS

Can the Legislature Designate Legal Colors?

Before Judge Kinne This Afternoon.

To Determine is an Ann Arbor Grocer Violates a Law if He Sells Oleomargarine as Such Not Colored as the Law Directs.

Cavanaugh & Wedemeyer, acting for the State Food Commissioner, Elliot O. Grosvenor, applied to the circuit court Saturday to compel Justice Duffy to entertain a complaint against an Ann Arbor grocer on the charge of selling oleomargarine not colored in accordance with the state law. The application for a mandamus is undoubtedly for the purpose of testing the constitutionality of the law which has never been before the supreme court and the case will eventually land in that court. The law in question is not the one requiring oleomargarine to be labeled and sold as such, as the grocer in this city case sold Mr. Grosvenor what he called for in a package properly labeled, but it was not the color that the law prescribed, and the question to be tested is whether the legislature has the power to say that oleomargarine shall be of a certain color.  The petition for the maudamus says:

"Your petitioner Elliot O. Grosvenor, respectfully shows to the court that he is the dairy and food commissioner of the state of Michigan. That on the 7th day of February, A. D. 1899, he presented to John L. Duffy, a justice of the peace of the city of Ann Arbor, in said county of Washtenaw at the city of Ann Arbor, the complaint which is hereto annexed and offered to swear thereto and to produce witnesses in support thereof, but the said justice then and there refused to entertain said complaint or to examine any witnesses iii support thereof." 

On this showing judge Kinne is asked to issue a writ of mandamus commanding Justice Duffy to entertain such complaint. The complaint which the justice refused to entertain was made by Food Commissioner Grosvenor Feb. 3, and was that on Jan. 11 Caspar Rinsey sold him a pound of oleomargarine which was then and there an imitation of a rich June butter. The oleomargarine was labeled "oleomargarine"and stamped with the seller's name and the tub and wrapper contained the name and the address of the manufacturer. Grosvenor asked for oleomargarine and the article was sold to him as such.